P. v. Curiel
Freddy Alfredo Curiel appeals from a judgment after a jury convicted him of special circumstance first degree murder and street terrorism, and found true allegations he committed the murder for the benefit of a criminal street gang and he was a gang member who vicariously discharged a firearm causing death. Curiel argues: (1) the trial court erroneously permitted the district attorney to amend the information to include a previously dismissed street terrorism enhancement; (2) the court erroneously denied his motion for acquittal on one of two murder counts; (3) the court erroneously admitted three pieces of evidence; (4) there were two instructional errors; (5) the special circumstance applies only to actual killers and not aiders and abettors, and the finding was supported by insufficient evidence; (6) the courts imposition of a security fee violated federal and state ex post facto principles and Penal Code section 3; and (7) he was prejudiced by the cumulative effect of these errors. Although we agree with one of Curiels evidentiary claims and one of his instructional error claims, Court conclude he was not prejudiced. None of his other contentions have merit, and we affirm the judgment.
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